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Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, March 14,2006 11 :23 AM
To: 'Sellers, Kevin'
Cc: Olds, Les; Hollibaugh, Mike P; Keeling, Adrienne M
Subject: RE: Docket No. Assignment: (V) Evan Lurie Building - Parcel 21 (#06030012-13 V)
Kevin: Mike Hollibaugh, Director, just informed me that your site will also need a variance for parking. That docket
no. will be 06030013 V; Chapter 23D.03.B.12 - Parking spaces.
Evan Lurie Building - Parcel 21
The applicant seeks approval for the following development standards variance:
Docket No. 06030012 V ZO Chapter 12.04.01 building height
Docket No. 06030013 V ZO Chapter 23D.03.B.12 # parking spaces
The site is located at 30 W Main Street and is zoned B-1/Business within the Old Town Overlay.
Filed by Kevin Sellers of CSO Schenkel Shultz for the Carmel Redevelopment Commission.
Total Fee: $0.00 (exempt)
Angie Conn, Planning Administrator
Division of Planning & Zoning
Dept. of Community Services
City of Carmel
p. 317-571-2417 f. 317-571-2426
aconn@carmel.in.gov
From: Conn, Angelina V [mailto:Aconn@carmel.in.gov]
Sent: Tuesday, March 14, 20069:33 AM
To: Tingley, Connie S
Cc: Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Brennan,
Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B; Blanchard,
Jim E; jmolitor@prodigy.net; Sellers, Kevin; Olds, Les
Subject: Docket No. Assignment: (V) Evan Lurie Building - Parcel 21 (#06030012 V)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Evan
Lurie Building - Parcel 21. It will be the following:
Docket No. 06030012 V $0.00 (exempt)
Total Fee: $0.00
Evan Lurie Building - Parcel 21
The applicant seeks approval for the following development standards variance:
Docket No. 06030012 V ZO Chapter 12.04.01 building height
The site is located at 30 W Main Street and is zoned B-1/Business within the Old Town Overlay.
Filed by Kevin Sellers of CSO Schenkel Shultz for Pedcor Residential LLC.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, March 17,2006. Published
3/14/2006
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional section of the
ordinance being varied.
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. C) ,(&1 eO 30012...
DATE RECEIVED:
v 1) Applicant: CA~IVIt;\",,- {2F{)(:\JEl~~tJT c..O/VIMI<;r;Jl)1>.1 (~S-s DLDS)
--,....,..-~-.
Address: ONe; ClI/l(., S&t.lA~ l ~A~MSI...I It.J. 4(Po38
~)
Project Name: E.VAN LUf2,.t~ TBu..\l,..tlltJ&t
Phone: 57/- 2.400
Engineer/Architect:
c So cS~~N l'-El... S~(,(L..rz..
Phone:
843-7800
N/A
Attomey:
'f.J. / A
Phone:
.....3) Applicant's Status: (Check the appropriate response)
J (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other:
....4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: N Jp--
Owner's address:
lV/A
Phone: . fI / A
5) Record of Ownership:
Deed Book No.llnstrument No.
Page:
Purchase date:
vB)
Common address of the property involved:
3D Wesr MAeN 5r~, cA~fh1.;L. IA). 1b()Jz'
.
Legal description: 56E. A1'iAU\WlaJT"
Tax Map Parcel No.: \ It, - D'i - 2-~ -'''-02-- 02.4. t)O 0
..;7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).
n.., " 4- ,L>
T W~
S '-8".
IT L,.40tc:. S c>..c\-
Page 1 of 8 - z:\sharedlformsIBZA applicationsl Davelopment Standards Variance Application rev. 01/0312006
,/8)
State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
TM. r~ ~ ~ e.~ -sktlwld SlAfJfJ/lY+ +Iu... V4-n~i1e.c... i~ +t......b I"-e
-'t(lt"OIN4 ~'t:.."1 s ~i~.'l... ~ l i'IM:b- df rlAAAI" E;r(..~"TIN Go, 'BwZl-DJJ'i6S. fw Tlr~ '"'
$u.y;.-o~i~ /A .
Present zoning ofthe property (give exact classification): B I 'J?L{..SI ~ ~ s
~)
v'l0)
./11)
Size of lot/parcel in question:
0..27-
acres
Present use of the property: 'P~~I t,J &. l-OT
;12) Describe the proposed use of the property: 'P~D~OS"f:D l,t-<!.t;- WIl,l."B6 A A12-T 6~€\ILY
DN FI(tS1'" I~ I-EVa.~ ANO Co/lJOO's, ON rHE 5E"GuNO TWO LevG;l..$..
..113) Is the property: Owner occupied NO
Renter occupied /'0/0
Other IA.S~ AS 1'J:>~1"'~ 't...crr f:-o'P- />.Pjp.tkeAl"T" '8l.4r,nLJ'J.e,J
V14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket
number, decision rendered and pertinent explanation.
ND
v4 5) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: f-.L /A
Builder: JJ IA
v16) If proposed appeal is granted, when will the work commence?
LAJOyZ." WH...L. CuY\1~.&;NaE I "'MID 'Ap1Z-IL-
v17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
4~a.- ~~E~GNT" c.cM(1A\S~UMJ, i..../.,.
NOTE: LEGAL NOTICE shall be published in the Indianaoolis Star a MANDATORY twenty-five (25) days prior to the
public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting
property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was
completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assioned until all suooortinQ information has been submitted to
. the Deoartment of Communitv Services.
Page 2 of 8 - z:\sharedlforms\BZA applications\ Development Standards Variance Application rev. 01/0312006
EXHIBIT A
PAGE 1 OF2
A LAND BOUNDARY DESCRIPTION OF
PARCEL 21
CARMEL REDEVELOPMENT COMMISSION SITE
HAMILTON COUNTY, INDIANA
MARCH 15, 2006
Lot 1 in Simeon Hawkins Addition to the Town of Bethlehem (now City of
Carmel), Indiana, as per plat thereof, recorded in Deed Record 30, page 441, in the Office
of the Recorder of Hamilton County, Indiana.
Except: 20 feet off the west side of said Lot 1 as described in the deed to Mink
Investments, LLC recorded as Instrument number 2001-58739 in said Recorder's office.
Also a portion of the vacated 10 foot wide alley lying east of said Lot 1 and west
of Lots 11 and 12 in the Plat of the Town of Bethlehem (now City of Carmel), Indiana,
recorded in Deed Record E, page 512 is said Recorder's office, described as follows:
BEGINNING at the southeast comer of said Lot 1 in Simeon Hawkins Addition thence
North 3 degrees 02 minutes 42 seconds West, 131.03 feet along the east line of said Lot 1
to the northeast comer of said Lot 1; thence North 86 degrees 28 minutes 00 seconds
East, 10.00 feet to the northwest comer of said Lot 12 in the Plat of the Town of
Bethlehem; thence South 3 degrees 02 minutes 42 seconds East, 73.01 feet along the west
line of said Lot 12 and along the west line of Lot 11 in said Plat to the northwest comer
of an existing brick building; thence the following three (3) courses along the north and
west lines of said building: 1) South 1 degree 50 minutes 01 seconds East, 12.86 feet; 2)
North 89 degrees 21 mmutes 41 seconds West, 1.35 feet; 3) South 2 degrees 39 minutes
10 seconds East, 45.25 feet; thence South 86 degrees 21 minutes 52 seconds West 8.08
feet along the easterly extension of the south line of said Lot 1 to the southeast comer of
said Lot 1 and the POINT OF BEGINNING.
Containing 0.18 acres in said Lot 1 and 0.03 acres in the vacated alley.
EXHIBIT A
PAGE 1 OF2
C:\Documents and Settings\K_MOODY\Local Settings\Temporary Internet Files\OLK7E\ParceI21
desc.doc 3/15/0611:39 AM
Prepared by Woo/pert, Inc.
EXHIBIT A
PAGE 2 OF 2
PARCEL 21
CARMFL REDEVELOPMENT COMMISSION SITE
HAMILTON COUNlY
INDIANA
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TOTAL 0.21 Acres
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WOOLPERT, INC.
7140 Waldemar Drive
Indianapolis, Indiana
46268-4192
317.299.7500
FAX: 317.291.5805
WOOImRT
0.18 Acres
p.O.B.
61.01'
S 86"21'52- W
l66' R/W)lP)
Main street
EXHIBIT A
PAGE 2 OF 2
CONTRACT No.
064914
DRAWING FILE:
Par 21 desc.dwg
DATE
REVISIONS
NO.
DATE 03-15-06
DR. TSE
CKD. JRH
AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
Signed ~ :/tv}..
(Property Owner, Attorney, or Power of Attorney) Date
LI2.$ r. ~'-PS / PIIU'C'14fC ~.~ (Ltt'PtrlIcrt-or IHIr"7
c:::::,,~ II"L. IU1'fsl/QLcf}'1IJ1An-1 Co IIf1 WI { .r .Jt cJ"'-J
(Please Print)
STATE OF INDIANA
SS:
County of
~U-~
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
~
(Notary Public's county of residence)
County, State of Indiana, personally appeared
Le5 ~ O/~
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
,/ tL
/t; day of
~
, 20 CJ6
,
/
-t' -::
9~ (2 )t JlA0^----
tary Public--Signature
v;- 4/AJe b ~/t:&?1
Notary Public--Please Print
(SEf\L) /:. -:
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My commission expires: . /f: 'ft/
/~ /"~ vI:?
/
Page 4 of 8 - z:\sharedlformsIBZA applicationsl Development Standards Variance Application rev. 0110312006
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
;x Docket No.:
O(P 03 DO/ 1.,.. V
"L S~ S.- OL;OS , 1>IYL~~ of ~O~Va.of1Vrl8tJT CA.",~a fl.eOE;V~O'P/YI€,1.J'
COMMISSltIN
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
I\Petitioner:
1.
2.
3.
DATED THIS
DAY OF
.20
Board Member
Page 7 of 8 - z:lsharedlfonnslBZA applicationsl Development Standards Variance Application rev. 01/0312006
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
0(,0 '2;()OJ~ V
Le~ S...\ bl...DS I PIIZEao/Z.. 4(; ft..er)J::.III5J..OPA1/5NT" CA{itfhl3l- l2eoef//:;.~()ffnGI{i
Of /)1 fI.t I S/ 14/1../
Petitioner:
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
Tk b~ld~'{lj ~15U:- oLo<ot.S Vlo+ AfF'~ ~ Sef.tkyJf'ov.q,I.$t oV ~evc;ll w.Rl-kI-'V
~fi ~ ~(tlVl'll;ty..
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
lk I..-<-..u..... av4 v~llJ-(... ~rfh t3111lv; 'pv~~, u)HLc ovdj I-~~ -tk- a~Ja~
.J
1oL<.f)I~S S , b~'P'OY\.~ft::lJI.'.J .l"v,v:1 rY\;(Jyl.fL ;~r~;.~(v\C.!..~ ~l"v\.&V~
,~ ~~ .
-fYTJf';+ - ~~ ~~u.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
~..t..-V..L- ,J;U ~ J'l.o pr-~""HG-a \ J.1:t-fI';-J...t-b~ (-e.-~~l,1:;i'-, tl. ~tt#>o.J '(.l~
-+k. Vtl.O~ -Poll" -#.<., kJ~id.vJ\ ~J
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and made a part hereof.
Adopted this
day of
,20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 8 - z:\sharedlformsIBZA applicationsl Development Standards Variance Application rev. 01/0312006